Or. Admin. Code § 333-035-0300

Current through Register Vol. 63, No. 11, November 1, 2024

Section 333-035-0300 - Waivers

(1) While all hospice programs are required to maintain continuous compliance with these rules, these requirements do not prohibit the use of alternative concepts, methods, procedures, techniques, equipment, facilities, personnel qualifications or the conducting of pilot projects or research. A request for a waiver from a rule must:

(a) Be submitted to the Authority in writing;

(b) Identify the specific rule for which a waiver is requested;

(c) Identify the special circumstances relied upon to justify the waiver;

(d) Explain why the hospice program is unable to comply, what alternatives were considered, if any, and why alternatives (including compliance) were not selected;

(e) Demonstrate that the proposed waiver is desirable to maintain or improve the health and safety of the patients, to meet the individual and aggregate needs of patients, and will not jeopardize patient health and safety; and

(f) Include the proposed duration of the waiver.

(2) Upon finding that the hospice program has satisfied the conditions of this rule, the Authority may grant a waiver.

(3) A hospice program may not implement a waiver until it has received written approval from the Authority.

(4) During an emergency the Authority may waive a rule that a hospice program is unable to meet, for reasons beyond the hospice program's control. If the Authority waives a rule under this section it shall issue an order, in writing, specifying which rules are waived, which hospice programs are subject to the order, and how long the order shall remain in effect.

Or. Admin. Code § 333-035-0300

PH 6-2023, adopt filed 01/27/2023, effective 1/27/2023

Statutory/Other Authority: ORS 443.860

Statutes/Other Implemented: ORS 443.860